The Court of Appeal in Abuja has stopped the Kogi State Government from taking its salary dispute with former deputy governor Simon Achuba to the Supreme Court, insisting that its ruling on the matter is final under the Nigerian constitution.
A three-member panel comprising Hamma Barka, Okon Abang, and Oyejoju Oyewumi on Tuesday dismissed an application by Governor Usman Ododo and the state’s Attorney-General seeking a stay of execution of earlier judgements obtained Mr Achuba’s favour.
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At the hearing, the applicants were represented by Senior Advocates of Nigeria (SAN) Adedayo Adedeji, alongside Precious Andrew, E.C. Onyekwere, and A. Ibe. Mr Achuba was represented by Samuel Ogala.
Delivering the lead ruling, Mr Abang cited section 243(4) of the Nigerian constitution, which makes the Court of Appeal the final arbiter in labour and employment disputes.
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“When the law says the decision of this court is final, there is nothing the Applicants can do. It is as clear as daylight,” he said.
The court described the appeal bid as reckless, baseless, and an act of executive lawlessness.
Backstory
Mr Achuba, who served as deputy governor under Yahaya Bello, was controversially removed in 2019 after falling out with the then-governor.
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He later sued the Kogi government at the National Industrial Court (NICN) for unpaid salaries, allowances, and entitlements.
In November 2020, the NICN ruled in his favour and awarded him N180 million in unpaid benefits.
Delivering the judgement, the judge, Oyebiola Oyewunmi, ordered the state government to pay him within 30 days, failing which the amount would draw a 30 per cent monthly interest.
The state appealed, but on 29 April 2024, the Court of Appeal upheld his claims, ordering that he be paid salaries and statutory allocations provided in the 2017 and 2018 budgets, excluding security votes.
The case took a fresh twist after the Court of Appeal, in a judgement delivered on 25 April, assessed Mr Achuba’s entitlements at over N1 billion (N1,070,860,138).
The appellate court ordered the Kogi government to pay the full amount alongside N2 million in costs.
A Certified True Copy (CTC) of the ruling shows the court awarded him monthly salaries, travel allowances, and statutory allocations for 2017 and 2018.
But the Kogi government disputed the figure. Its lawyer, O. Adegboyega, argued that the NICN only awarded N180 million in its November 2020 ruling—money the state claims it has already paid.
“The state is committed to due process and the rule of law,” Mr Adegboyega said. “But it is important to clarify the legal basis for this sudden increase from N180 million to over N1 billion. The original trial court did not award that amount.”
The state has insisted that only the Supreme Court can resolve what it calls a judicial inconsistency.
Appeal Court’s latest ruling
In its latest ruling, the appellate court dismissed that position, stressing that its word on NICN-related disputes is final.
“The Applicants cannot treat the Constitution of this great country with contempt and levity,” Mr Abang warned.
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“If the Government treats Court Orders with levity and contempt, the confidence of the citizen in the Courts will be seriously eroded and the effect of that will be the beginning of anarchy in replacement of the Rule of Law.”
Rebuke for SAN
In a rare move, the court also sanctioned Mr Adedeji, lead counsel for the applicants.
Mr Abang held that he had a professional duty to advise his clients against pursuing a frivolous appeal.
“I expected the learned senior counsel to the applicants notwithstanding the juicy nature of the brief to have taken advantage of the Rules of Professional Conduct and advised them accordingly,” he said. “Compliance with the Constitution should not be seen as cowardice but as maturity and restraint.”
The court ordered Mr Adedeji to personally pay N3 million in costs to Mr Achuba before his clients can take further steps in the proceedings.
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